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Should Governor Cuomo be charged with murder?

The Law Is Clear And It May Surprise You

February 12, 2021
Robert JohnsonbyRobert Johnson
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There are some amazing wonders on our planet. But few things have made us wonder more than how Andrew Cuomo, the Governor of New York still remains in office—especially after his botched handling of COVID-related nursing home deaths…

Law Officer reported on the bombshell story last night, but we have all known about the facts for a while. That is, the facts have always been there. But now Cuomo’s hiding of key facts and figures should seem less like “conspiracy theory” and more like the conspiracy that it is, and always has been.

When dictators make deadly decisions

As the COVID-19 Pandemic broke out, Cuomo made the decision to send infected patients to nursing homes.

Who would ever make such a shocking decision? And what kind of person would make such a decision that would undoubtedly place the most vulnerable citizens in harm’s way of a deadly virus—that affects those over 65-years-old at a dramatically higher rate?

History often labels someone like this to be a “madman” or “murderer”—take your pick.

Intent to do harm?

Cuomo’s decisions imperiled New York’s elderly and vulnerable citizens—that is a fact. And an estimated 9,000 New Yorkers died in nursing homes before May 10, 2020, when Cuomo reversed his crazy decision.

Granted, Cuomo could claim this was all just a mistake, or a poor leadership decision. However, Cuomo spent much of 2020 writing a “leadership book” on how he triumphantly handled the pandemic, while blaming President Trump for the high number of deaths.

If this seems like a smoke-and-mirrors cover-up, it should. Based on the latest admission from Secretary to the Governor Melissa DeRosa, it seems Cuomo and his administration knew the truth—and tried to conceal it, if not outright lie about it.

Media Co-conspirators?

Of course, the media has conveniently treated Cuomo like a hero, since he often opposed President Trump. But now things are different: DeRosa has admitted that New York Democrats and other politicians cooked the books—and the COVID-related deaths in nursing homes were even higher.

Apparently, Cuomo wasn’t too keen on the Department of Justice launching an investigation. So we have to give credit to DeRosa—who incidentally always seems to be looking at Cuomo with disdain and contempt.

So, now we must ask ourselves is this criminal? And by all appearences, it certainly seems that way. Of course, this case involves New York politics, so don’t hold your breath waiting for anyone to ever be held accountable—or ever being charged for anything relating to this horrific circumstance. Nonetheless, we should demand accountability, and consider the crimes.

Charging Cuomo: Murder, Reckless Endangerment, Other Crimes?

Second Degree Murder is New York can happen under one of five circumstances. But this section is the most applicable:

“under circumstances demonstrating a “depraved indifference to human life,” the defendant “recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person”

Sure, the elements met of “depraved indifference” by sending COVID-19 patients to nursing homes may seem like a stretch. But a closer looks reveals a rather troublesome element that Cuomo and his administration should be very concerned about. According to the  full definition the definition of “depraved indifference” there is plenty of cause for concern:

The defendant’s conduct must be ‘so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime. Depraved indifference focuses on the risk created by the defendant’s conduct, not the injuries actually resulting.

Of course what Cuomo did was morally wrong. But does he lack of a basic regard for human life? His own words seem to evidence just that. Cuomo told reporters last week:

“Who cares [if they] died in the hospital, died in a nursing home? They died.”

But would his indifference lead to a conviction? Probably not. And probably never in the New York “justice” system.

Reckless Endangerment

Perhaps the better criminal case against Cuomo—and one that involves less doubt and uncertainty—is the misdemeanor crime of “reckless endangerment.” Here is what the New York Law says:

“A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.”

Without a doubt there was a “substantial risk.” After all, Cuomo was “listening to the science?”—and the charge of reckless endangerment is often used against parents who leave their children home alone.

In writing books and accepting awards, Cuomo was doing much more than being a politician. Now it seems he was deeply involved in a cover up of facts and figures about deaths that likely could have been prevented, based upon various sources and claims we’ve all heard droning out this past year.

Who Will Demand Justice & “Accountability”

There’s a time-honored saying in New York: “if you dish it, ya better be able to take it.” However, this does not seem to apply to Governor Cuomo. At the very least, in demanding justice, in demanding accountability, and demanding everyone else follow the rules, it seems Cuomo has done plenty of dishing. And if he is truly honorable, and a true New Yorker, he will take the blame for his actions and tragic decisions.

But since Cuomo became a media darling for opposing Trump, don’t expect the media or anyone else to hold Governor Cuomo accountable for his actions, his dangerous decisions, his apparent criminal behavior, or just about anything else.

We’d love to be proven wrong. And we’d love to see justice for those who died as a result of his poor leadership and indifferent decision-making. But we think it’s going to take a lot longer than a New York minute before anything that resembles accountability—or justice—will show up…

That said, we hope the political leaders, reformers, and everyone who has demanded “justice” and “accountability” in New York will prove us wrong: charge Governor Cuomo with the crime(s) he has apparently committed.


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Tags: Andrew CuomoCOVI-19new yorknursing home
Robert Johnson

Robert Johnson

Robert Johnson is a 25 year veteran law enforcement officer currently working at a large metropolitan agency on the east coast. His assignments have included patrol, narcotics, gangs and training. He joined Law Officer in 2017 as a contributing author.

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